Many people are confused about what joint custody means in Illinois.
In Illinois joint custody means:
- that the parents must consult with each other regarding:
- medical decisions
Joint custody does not mean:
- custody is split 50/50
- neither parent pays child support
So why am I paying support?
Even if you have joint custody and are splitting time 50/50, it is still possible that you will have to pay support. Illinois has a statutory formula that is based strictly on a percentage of net income. However, judges have the discretion to deviate either up or down depending on the circumstances – but you must ask the court for a deviation. It is not automatic.
If you are spending an equal amount of time with your children and paying statutory support, and your ex-spouse has a similar income (or more) you may be able to get a downward deviation which would reduce your monthly support obligation.
If you would like to see if a downward deviation might apply to your situation, please contact me.